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International Arbitration Forum

Aqua Power and Catalysis Capital Ltd v. United Republic of Tanzania

Case summary

At a glance

Parties
Aqua Power and Catalysis Capital Ltd (the Claimants, Mauritius) v. the United Republic of Tanzania
Case no.
ICSID Case No. ARB/24/42
Forum and rules
ICSID Convention arbitration; ICSID Arbitration Rules in force as of 1 July 2022; place of proceeding Singapore
Treaty
Mauritius–Tanzania BIT (Agreement on Promotion and Reciprocal Protection of Investment, concluded in 2009)
Tribunal
Prof. Jan Paulsson (President), Mr. Brooks Daly, Mr. Makhdoom Ali Khan
Outcome
Pending. The published documents are two procedural orders of 24 April 2025 that set the procedural rules and the transparency regime.
Amount
No amounts claimed are stated. ICSID requested an advance of US$400,000, payable US$200,000 by each side.

The dispute

The Claimants, Aqua Power and Catalysis Capital Ltd of Mauritius, brought an ICSID arbitration against Tanzania under the 2009 Mauritius–Tanzania BIT. The published documents are procedural only. They do not describe the investment, the measures complained of, the claims or the defences. Tanzania's legal team includes the legal directors of TPDC, TANESCO and EWURA; the documents do not explain these entities' role in the dispute.

Key holdings

  1. The proceeding is governed by the ICSID Arbitration Rules in force as of 1 July 2022. The Tribunal was constituted on 6 January 2025, and the Parties raised no objection to any member. PO1 §§ 1.1, 2.1
  2. The place of the proceeding is Singapore, and English is the procedural language. Hearings may be held in person elsewhere, or remotely or in hybrid form. PO1 §§ 10.1, 11.1, 21.2–21.3
  3. The Parties share the direct costs of the proceeding equally, without prejudice to the final decision on costs. ICSID requested US$400,000 in advances. The Claimants paid US$200,000 on 8 January 2025. Tanzania paid USD 100,000 of its share on 6 February 2025, and the remaining USD 100,000 is to be paid in due course. PO1 §§ 9.1–9.2
  4. For document production, the Tribunal will be guided by Articles 3 and 9 of the 2020 IBA Rules on the Taking of Evidence, and requests are to be made in Redfern Schedules. Hearings, and the publication of recordings and transcripts, are closed to the public. PO1 §§ 15.1–15.2, 21.7
  5. The BIT is silent on transparency, so Article 48(5) of the ICSID Convention and ICSID Arbitration Rules 62–66 apply as modified by the order. The Parties do not consent to publication of the Award or of later decisions on it. ICSID will therefore publish excerpts under Rule 62(4). PO2 ¶¶ 7, 10–11
  6. ICSID will publish the Tribunal's orders and decisions with agreed or ordered redactions. It will not publish written submissions, supporting documents, transcripts or recordings unless the Parties agree. A Party seeking redactions must give notice within 21 days of a decision or order, and disputed redactions go to the Tribunal. PO2 ¶¶ 12–16, 19–23

Procedural history

  1. December 2024 – January 2025The arbitrators accept their appointments (10 December 2024, 11 December 2024 and 6 January 2025). By letter of 12 December 2024, after registration of the Request for Arbitration, ICSID requests the first advance.
  2. 6 January 2025The Tribunal is constituted.
  3. 22 January 2025The Tribunal Secretary circulates the draft Procedural Orders No. 1 and No. 2.
  4. 6 March 2025First session held by video conference.
  5. 24 April 2025Procedural Order No. 1 on the procedural rules.
  6. 24 April 2025Procedural Order No. 2 on transparency and confidentiality.

Tribunal, counsel and experts

Decided by
For the claimant
Dentons
For the respondent
Office of the Attorney General · Office of the Solicitor General · TPDC · TANESCO · EWURA

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Keywords

Summary generated with AI from the published documents — refer to the award for the authoritative text.

Case ID
ICSID Case No. ARB/24/42
Country
Treaty
Mauritius - Tanzania BIT (2009)
Documents
Section